The Supreme Court has struck down a law forcing health organizations to publicly oppose prostitution in order to receive AIDS funding, the AP reports:
Four organizations that work in Africa, Asia and South America challenged the 2003 law, arguing their work has nothing to do with prostitution.
The Obama administration argued it is reasonable for the government to give money only to groups that oppose prostitution and sex trafficking because they contribute to the spread of HIV and AIDS. It said that public money then could free up private funds that might be spent in a way that would undermine the government’s mission.
But the 6-2 decision said the pledge “goes beyond preventing recipients from using private funds in a way that would undermine the federal government.”
“It requires them to pledge allegiance to the government’s policy of eradicating prostitution,” he wrote. That, Roberts wrote, the government cannot do.
Scalia and Thomas were the dissenting justices.
